Category: Issue 701
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Shook Attorneys Detail Class Certification Decision in Ocean Spray Case
Shook Partner Frank Cruz-Alvarez and Associate Rachel Forman have authored an article for WLF Legal Pulse examining a California federal court’s decision to certify a class of consumers alleging they were misled by Ocean Spray Cranberries Inc.’s marketing claim that its products contain no artificial flavoring despite containing malic and fumaric acids. The decision has…
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Graham Crackers with White Flour Mislead Consumers, Lawsuit Alleges
A consumer has filed a putative class action alleging Mondelez Global LLC misleads consumers by making its Honey Maid graham crackers primarily with white flour rather than graham flour. Kennedy v. Mondelez Global LLC, No. 19-0302 (E.D.N.Y., filed January 15, 2019). The complaint alleges that Honey Maid products are marketed as “graham crackers” while the…
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Some FDA Inspectors Called to Work During Shutdown
In a series of tweets, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that about 200 food investigators—of 550—for the agency’s Office of Human and Animal Food Operations have been working during the federal government’s partial shutdown, with additional staff possibly “on the way depending on needs.” Gottlieb further noted which food operations…
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Nebraska Bill to Define “Meat” Withdrawn
A Nebraska state senator has withdrawn a proposed bill to define “meat” as an animal-derived product. Sen. Carol Blood submitted the bill to protect the state’s meat industry, according to the Washington Post. “All I’m asking for is truth in advertising. It’s clear that meat comes from livestock, and livestock is our livelihood in Nebraska,”…
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CFS Files Petition to Ban Hydroponic Agriculture in Organic Food
The Center for Food Safety (CFS) has filed a petition recommending that the U.S. Department of Agriculture (USDA) prohibit the use of hydroponic agriculture in the cultivation of organic food. “Hydroponic production systems are fundamentally different from organic production systems as defined by federal law—they do not promote soil health or conserve biodiversity,” the petition…
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Oregon Senators Urge FDA to Update CBD Regulations
Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have sent a letter to the U.S. Food and Drug Administration (FDA) requesting an update to federal regulations on cannabidiol (CBD) to “give U.S. producers more flexibility in the production, consumption, and sale of hemp products.” Wyden and Merkley urge FDA to answer a series of clarifying…
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PIRG Releases Food Safety Report
Public Interest Research Group (PIRG) has published a report on food safety in the United States. The report finds an increase in food recalls since 2013 but acknowledges that systemic advances in food-safety issue detection may partly account for that increase. The authors make a number of policy recommendations, including (i) requiring food-production plants to…
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Red Bull Ad Makes Unauthorized Focus Claims, ASA Rules
The U.K. Advertising Standards Authority (ASA) has ruled that Red Bull Co. made unauthorized health claims about purported benefits of its energy drink on mental focus and concentration. The company’s subway advertisement featured cartoon women in an office setting with the text “The Secret to Finishing Early.” The ad referenced a consumer initiative encouraging workers…